Author Archives: Joshua Prince, Esq.

About Joshua Prince, Esq.

With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to taking this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon. I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with: - License to Carry Firearms Denials; - Challenges to Erroneous PICS Denials; - Relief from Firearms Disabilities; - Estate Planning Advice; - Gun/NFA Trusts; and - 42 USC 1983 Actions for Deprivation of Civil Rights At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding: - ATF Compliance Inspections; - Warning Letters and Hearings; - FFL Revocations; - Corporate Structure Advice - Indoor/Outdoor Range Implementation; and - Forfeiture Proceedings In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI). While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2. You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth. Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).

Firearms Law Seminar – March 31, 2018 at King Shooters Supply!

On March 31, 2018, Chief Counsel Joshua Prince, Attorney Adam Kraut and Attorney Eric Winter of Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., in conjunction with King Shooters Supply, will offer a four (4) hour seminar, from 10am-2pm, on state and federal firearms law at their store located at  346 E Church Rd, King of Prussia, Pennsylvania 19406.

The cost is $10 and you must register early, as last time it sold out fast. You can find out further information on King Shooters Supply’s website.  To register, sign up on the website here. If there are no more spots available, the class will show out of stock. If you have questions, please feel free to contact King Shooters Supply at 610-491-9901.

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

Advertisements

Leave a comment

Filed under Firearms Law, News & Events, Pennsylvania Firearms Law

3rd Annual FICG/Shooters Gauntlet Next EVOLUTION Machine Gun Shoot!

We are proud to announce that Firearms Industry Consulting Group (FICG)® (FICG®) and Shooters Gauntlet, LLC will be hosting our 3rd annual Next EVOLUTION machinegun shoot at the Shooters Gauntlet on June 2-3, 2018, in celebration of the 2nd Amendment of the U.S. Constitution, and Article 1, Section 21 of the PA Constitution. During the first Annual Machinegun Shoot, with the assistance of our great friends at USA Chemical, we broke the world record with a 600 lbs binary explosion. Last year, there was a 20MM Oerlikon machine gun and two mini rail guns – one shooting a cyclic rate of 2500 RPM, the other 4000 RPM. And this year will be even BIGGER and includes a NIGHT SHOOT!

Located deep in the endless mountains of Pennsylvania (directions below), about 4 hours northwest of NYC, 3 hours north of Harrisburg, PA, in the town of Monroeton PA, 18832, our 3rd annual next evolution machinegun shoot will offer shooting experiences that are not available anywhere else! If you haven’t registered yet, you can do so here! The admission cost is drastically reduced for those registering in advance and you’ll receive updates and notices about special events, shooting experiences and local hotel deals.

The shooting experiences available include:

  1. Main machinegun range, approximately 200 yards long and 75 yards deep!;
  2. 1500 yards range and ability to rent a 50. caliber Barrett;
  3. Go off the grid in a 3 Gun Obstacle Assault Hike; and,
  4. Rent multiple machineguns and other, unique firearms!

Additionally, as ATF has already approved the event as a sanctioned event, there will be a gun show section for vendors to sell firearms and parts! All applicable local, state and federal laws apply, including applicable state tax regulations.

As Firearm Industry vendors, representatives and personalities register, we will post a new article specifying all of those who are set to attend! Last year, the vendors included (and we anticipate them attending this year!):

We also anticipate a number of raffles/giveaways like last year and will post about them as we approach the shoot.

As the sponsors of this event are extremely supportive of the youth-shooting experience, we worked tirelessly with NUMEROUS insurance carriers to obtain coverage for minors to be able to attend. Accordingly, minors will be permitted to attend the event, where those 14 years of age and older accompanied by a parent/guardian will be permitted to shoot, except for machineguns and canons. Those under 14 year of age, who are accompanied by a parent/guardian, will only be permitted to observe. Unfortunately, due to the requirements of the insurance carrier, all minors will have to produce a Government document (e.g. birth certificate, passport…etc) stating their date of birth.

Also, there will be food available onsite!

Accommodations: Special hotel accommodations have been negotiated, which you can find here.

Local Directions: The Shooters Gauntlet, LLC is located on Millstone Road, Monroeton, PA 18332. From the Towanda PA area:

At the intersection of route 220 and route 414, take route 414 west (route 414 begins here) for appx. 2.6 miles. Turn left onto Brocktown Rd. (sign here for RODS GARAGE) for  appx 0.2 miles to Weston Rd, turn right. Continue on Weston Rd. for 1.6 miles, and then turn left over bridge onto Millstone Rd. Follow Millstone Rd appx. 2.2 miles to intersection, turn left over bridge remaining on Millstone Rd. You will see the signs and receive direction from there

NOTE: For the Stone Mountain Machine Gun Event, follow signs for parking when on Millstone Road. There will be parking attendants to assist you. As for the events that take place during the Stone Mountain Machine Gun Event that require 4wd, all transportation to and from those events will be provided. Attendees will not be allowed to drive there own vehicles off road due to high traffic and time constraints.

If you haven’t registered, what are you waiting for?!?! Come on out, get your machinegun on and meet FICG® Chief Counsel and your PA Gun Attorney®, Joshua Prince, as well as, our other FICG® attorneys, while enjoying the rich seclusion that Shooters Gauntlet has to offer.

Brought to you by your PA Gun Attorney® and PA Firearms Lawyer®, as well as, the home of Armor Piercing Arguments®.

Be sure to share this event with your family, friends and anyone you know who loves guns!

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

Leave a comment

Filed under Firearms Law, News & Events, Pennsylvania Firearms Law, Shoots

Monroe County Sheriff Martin is ENJOINED from Enforcing Unlawful License to Carry Firearms Requirements

On January 16, 2018, Wyoming County President Judge Russell Shurtleff, specially presiding, issued an Order unsealing a December 13, 2017 Decision and Order in the John Doe, et al. v. Monroe County, et al. case, which granted a preliminary injunction against the Monroe County Sheriff’s Department and Sheriff Todd Martin in relation to their unlawful license to carry firearms (LTCF) requirements. As our viewers are aware from a prior Pocono Record article, I am representing the Plaintiffs in this matter.

The preliminary injunction precludes the Monroe County Sheriff from:

  1. Sending out postcards advising applicants of their license renewal, denial or acceptance;
  2. Requiring applicants to submit Local 1% Earned Income Tax Forms, Federal Income Tax Returns, Pa. State Tax Returns or Real Estate Tax Bills;
  3. Requiring written documentation from an applicant’s doctor as to the specific nature of applicant’s disabilities, as well as, any medications the applicant may be taking due to the disability;
  4. Requiring a copy of the applicant’s Social Security Statement;
  5. Requiring a copy of an applicant’s DD-214 (military discharge papers);
  6. Requiring any references to be Monroe County residents; and,
  7. Requiring an applicant to provide a list of medications that he or she may be prescribed.

If you or someone you know has had their confidential license to carry firearms applicant information disclosed or are being required to provide information for a license to carry firearms, which is not provided for in the licensing provision, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

3 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

Lose Your Second Amendment Rights if You Violate Section 6107 as a Result of Governor Wolf’s Opioid Proclamation

As our viewers are aware, on January 10th, when Governor Wolf issued his Opioid Proclamation, which triggered the prohibitions of 18 Pa.C.S. § 6107, I addressed the issue in my article – With a Stroke of a Pen, PA Governor Wolf Limits Firearm Rights by Proclaiming State of Emergency. Thereafter, Governor Wolf’s Office issued a canned statement stating that the Proclamation did not effect firearm rights, but failed to address the issues that I raised, which resulted in my re-addressing of the issues, including in relation to the “exceptions” being defenses that must be proven in a court of law as a defense to prosecution, the hunting on state game lands and the impact on the Great American Outdoors Show. Today, Philly.com published an article, which in addition to failing to address the issues I’ve continually raised relative to the Proclamation,  now implied that the Governor’s Office contends that a violation of Section 6107 is “a citation.”

Screen Shot 2018-01-16 at 9.40.27 AM.png

Unfortunately, once again, if the Wolf Administration did state that it was only a citation,  it is once again misleading the public on this issue, because pursuant to 18 Pa.C.S. § 6119, it is a misdemeanor of the first degree – our highest grade misdemeanor – which can be punished, per 18 Pa.C.S. § 106(b)(6), by up to 5 years in jail.  As a result, if an individual is convicted of a violation of Section 6107, it triggers the federal prohibition of 18 U.S.C. § 922(g)(1); whereby, that individual will be prohibited for the remainder of his/her life from possessing and purchasing firearms and ammunition. Specifically, Section 922(g)(1)

(g) It shall be unlawful for any person–
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; …
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
As further defined by 18 U.S.C. § 921(a)(20), a crime punishable by imprisonment for a term exceeding one year as:
(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include– …
(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
Thus, as a misdemeanor of the first degree in Pennsylvania can be punished by up to 5 years in jail, the Section 922(g)(1) prohibition is triggered.
Hopefully, the misinformation from the Governor’s Office will cease; however, if Governor Wolf disputes the effect of his Proclamation on firearm rights or the grading of a resultant conviction, I am more than happy to debate him on the law.
I believe it is also necessary to point out that although I responded in the comment section of the Philly.com article, the “editorial board” apparently elected to delete my comment as it cannot be found in the comment section. So much for their request that readers “contribute to an engaging dialogue.” Below is a screenshot of my comment, which was later removed.
Screen Shot 2018-01-16 at 9.49.56 AM.png
If you or someone you know has had their right to keep and bear arms infringed as a result of this state of emergency, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.

Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

 

2 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

Donald Trump Jr.’s Confidential Firearm License Information is Disclosed by Pennsylvania Judge

The Time-Tribune is reporting that Lackawanna County Judge Thomas Munley disclosed on Wednesday that Donald Trump Jr. applied for a license to carry firearms (LTCF), after Lackawanna County Sheriff Mark McAndrew refused to disclose the purpose of Mr. Trump’s visit, likely due to the confidentiality provisions of all LTCF applicant information.

18 Pa.C.S. § 6111(i) provides in pertinent part:

(i) Confidentiality.–All information provided by the … applicant, including, but not limited to, the … applicant’s name or identity, furnished by … any applicant for a license to carry a firearm as provided by section 6109 shall be confidential and not subject to public disclosure. In addition to any other sanction or penalty imposed by this chapter, any person, licensed dealer, State or local governmental agency or department that violates this subsection shall be liable in civil damages in the amount of $1,000 per occurrence or three times the actual damages incurred as a result of the violation, whichever is greater, as well as reasonable attorney fees.

As many of our viewers are aware, a little over a year ago, I was successful in John Doe, et al. v. County of Franklin, et al,. in having the Commonwealth Court declare that the use of unenveloped postcards, where LTCF applicant information was specified on the postcard, was a violation of Section 6111(i). In fact, the court specifically held that:

“any person, licensed dealer, State or local governmental agency or department” violates Section 6111(i) of the UFA by revealing an “applicant’s name or identity” to a person not (1) authorized to receive such information by statute; (2) involved in the operation or management of the sheriff’s office; (3) representing a law enforcement or criminal justice agency; or (4) otherwise authorized by an applicant. Any other interpretation of Section 6111(i) of the UFA where a License applicant’s confidentiality is not safeguarded would be inconsistent with the UFA’s purpose and structure.

It is unknown why Judge Munley felt it necessary to disclose Mr. Trump’ confidential information and reason for being at the Sheriff’s Department.

If you or someone you know has had their confidential license to carry firearms applicant information disclosed, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

 

 

5 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

Governor Wolf’s “Interpretive Jiggery-Pokery” on his Proclamation’s Impact on Firearm Rights in Pennsylvania

In an article published today – Gov. Wolf: Opioid declaration doesn’t affect gun rights – Governor Wolf’s spokesman J.J. Abbott is quoted as stating that I am “flat-out wrong” in relation to the impact of Governor Wolf’s Opioid Proclamation on firearm rights, as set forth in the two articles that I have written on the topic. The first article is: With a Stroke of a Pen, PA Governor Wolf Limits Firearm Rights by Proclaiming State of Emergency. The second is: Are the Great American Outdoors Show (GAOS) and State Game Land Hunting in Jeopardy as a Result of Governor Wolf’s Proclamation of Emergency?

As neither Mr. Abbott nor the Governor (or anyone from his Office for that matter) has reached out to me and provided me with the seemingly canned statement that they are providing to reporters, for purposes of this article, I will rely on the statements reported in the Public Opinion article, which, as I address below, are nothing but smoke and mirrors and fail to address the real concerns, including the impact to the Great American Outdoors Show.

But first, since Mr. Abbott felt it necessary to call into question my legal aptitude, it is necessary to address his and the Governor’s qualification to provide legal advice. As they are surely aware, the unauthorized practice of law is a criminal offense, pursuant to 42 Pa.C.S. § 2524, where the first offense is a misdemeanor of the third degree and a second or subsequent offense is a misdemeanor of the first degree. In reviewing the attorney lookup of the Pennsylvania Supreme Court, it does not appear that either Mr. Abbott nor Governor Wolf are licensed attorneys. Hopefully, someone within the Governor’s Office with an actual juris doctorate has reviewed the legal issues.

Regardless of whether the Mr. Abbott or Governor Wolf are attorneys, or whether someone within the Governor’s Office who is an attorney reviewed the legal issues, it is important for the the citizens of the Commonwealth, as well as the non-citizens who will be attending the Great American Outdoors Show, to know that any statement by the Governor as to the applicability of the law to a set of facts is immaterial and does not preclude a court of law from convicting you, even if your conduct comports with the conduct approved by the Governor.

But let’s put all of that aside and look at exactly what the canned statement said. As reported in the article:

The governor’s declaration does not allow for law enforcement to confiscate firearms, and the governor worked with law enforcement to ensure that his actions to fight this epidemic have no impact on citizens and their firearm rights.

 

And what does this have to do with my articles? While I absolutely mention the prohibition on government confiscation found in Section 6107, at no point did I ever claim that the Proclamation authorized the seizure or confiscation of firearms.  In fact, in my first article, I explicitly stated that “Section 6107 specifically prevents any form of confiscation of firearms, accessory or ammunition from occurring solely as a result of a state of emergency.” Seemingly benefiting from my article, the Governor’s statement then goes on to corroborate that “[t]he law specifically does not allow for any firearms to be seized, taken or confiscated as a result of the disaster declaration.” So, at least this portion of the statement is merely an attempt to distract the reader from the actual issues raised in my articles. But what about the rest?

The statement goes on to declare that:

A declaration specifically has no effect on people with a concealed firearms license, someone using a firearm with an active hunting license or someone open carrying a firearm if actively engaged in self-defense.

For a minute, let’s set aside the Superior Court’s decision in Commonwealth v. Anderson. How exactly are my articles and legal conclusions “flat-out wrong”? In my first article, I specifically addressed that individuals with licenses to carry firearms (LTCFs) were exempt, as were individuals who were actively engaged in self-defense. And in my second article, I specifically addressed hunting on state game lands. Once again, it seems as though the Governor’s Office has to rely on my articles to determine the law and then in their statement, although stating I am “flat-out wrong,” agree with my legal conclusions.

See how that works? They claim both Senator Scott Wagner and I am providing misinformation, then agree with the information I provided, while sidestepping the actual issues and concerns that I raised. So, let’s look at the issues that I have raised and which their statement fails to address.

Commonwealth v. Anderson

As it runs afoul of their narrative, the statement fails to address the Superior Court’s en banc decision in Commonwealth v. Anderson, where the court held that the “exceptions” found in Section 6106(b) are “defenses” that need to be proven at trial. Thus, any individual claiming “exception” under Section 6106(b) can be prosecuted and forced to argue the exception as a defense to the prosecution. This is extremely important since it would apply to anyone claiming exemption under Section 6106(b), including hunters and many of the vendors and attendees of the Great American Outdoors Show, as discussed further below. It appears that the Governor’s Office did not feel is necessary to advise everyone of this extremely concerning aspect, especially in light of it running contrary to their contention that the Proclamation has “no impact on citizens and their firearm rights.”

Open Carrying Absent an LTCF

Once again, the statement is devoid of any mention in relation to individuals who open carry a firearm absent an LTCF. In Commonwealth v. Hawkins, 547 Pa. 652 (1997), the Pennsylvania Supreme Court explicitly acknowledged that

[i]n all parts of Pennsylvania, persons who are licensed may carry concealed firearms. 18 Pa.C.S. § 6108. Except in Philadelphia, firearms may be carried openly without a license. See Ortiz v. Commonwealth, 545 Pa. 279,    , 681 A.2d 152, 155 (1996) (only in Philadelphia must a person obtain a license for carrying a firearm whether it is unconcealed or concealed; in other parts of the Commonwealth, unconcealed firearms do not require a license)

As a result of Proclamation and interplay of Section 6107, individuals, who do not have an LTCF, are now prohibited from open carrying firearms throughout Pennsylvania. So, just how does the Proclamation not “impact [] citizens and their firearm rights,” Mr. Abbott?

The Great American Outdoors Show

As I discussed at length in my second article, there are grave concerns for the vendors and attendees of the Great American Outdoors Show, since all of them, absent an LTCF, pursuant to Commonwealth v. Anderson, would have to argue as a defense to prosecution their exemption under Section 6106(b). More importantly, almost all of the attendees and a number of the vendors, absent an LTCF, would not meet any of the exceptions found in Section 6106(b). Interestingly, the statement is completely devoid of any mention of the Great American Outdoors Show and how the Proclamation effects it.

Offer to Debate

Since the Governor’s Office felt it necessary to call into question my legal aptitude and I assume an apology will not be forthcoming to Senator (and future Governor) Scott Wagner and myself from the Govenor’s Office, I would welcome the opportunity to debate Governor Wolf on the effects of his Proclamation on the firearm rights of the citizens and visitors of the Commonwealth, but I would suggest that he first dust off his non-existent juris doctorate and brush up on the Uniform Firearms Act before the debate, especially since the law is clearly contrary to his Office’s statement.

Contact Governor Wolf’s Office

For those of you who value your inalienable rights, I would suggest that you contact (phone: 717-787-2500 and fax: 717-772-8284) the Governor’s Office and respectfully let them know that you do not appreciate your rights being infringed and their less-than-honest statements on the impact of the Proclamation in relation to your firearm rights. If Governor Wolf is such a staunch supporter of the Second Amendment, as his Office is claiming, I anticipate that by Monday, at the latest, he will be calling upon the General Assembly to repeal 18 Pa.C.S. § 6107 and 35 Pa.C.S. § 7301(f)(8).

 

For those unaware, “interpretive jiggery-pokery” was utilized by the late Justice Antonin Scalia in King v. Burwell, the landmark decision on the Affordable Care Act, where he referred to some of the details in the case as “pure applesauce” and criticized the court’s “interpretive jiggery-pokery” analysis as the only way the Affordable Care Act could be found to be constitutional. Jigger-pokery describes dishonest manipulation or nonsense, akin to hocus pocus, humbug, bambosh, baloney, berley (among the Australians), bunkum, hogwash (also known as eyewash), flapdoodle, flim-flam, flumadiddle, rubbish, galbanum (coming from a French word for empty representations), hooey, hot air, motormouthing, poppycock or malarkey

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

 

 

 

7 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

Firearms Law Seminar – March 10, 2018 at Trop Gun Shop

On Saturday, March 10, 2018, from 10am – 2pm,  Chief Counsel Joshua Prince, Attorney Eric Winter, and Attorney Adam Kraut of Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., in conjunction with Trop Gun Shop, will offer a four (4) hour seminar on state and federal firearms law at their store located at  910 North Hanover St, Elizabethtown, PA 17022. Lunch will be provided during the seminar.

To register, simply register online on Trop’s website. It is highly recommended that you register early, as last time it sold out fast.

 


Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.

2 Comments

Filed under Firearms Law, News & Events, Pennsylvania Firearms Law